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• • III IIIIIIIIIIIIIIII STATE OF CULVt<1~Uv MINED LAND RECLAMATION DIVISION DeparimeN of Natural Resources 13[3 Sherman St.. Room 215 Denver, CO 80203 303 866-3567 Fax: 303 832 8t06 Uctober 18, 1990 Mr. Robert Hagen, Director Albuquerque Field Office Office of Surface Mining Reclamation and En torcement 625 Silver Avenue, S.W., Suite 310 Albuquerque, NM 87102 OF~~i.~~ ~9 ~Ti -(YQif)b' ~c4i ~? / 78 6 Roy Romer. Governor Fretl R. Barra. Division Dueacr Re: Apex No. 2 Mine (Permit C-81-O11) Ten Day Notice X-90-02-116-4 TV 2 Dear Mr. Hagen: This letter is the Mined Land Reclamation Division (MLRD) response to the above referenced Ten Day Notice (TDN) dated October 4, 1990 and received in Division offices October 9, 1990. The 7DN involves two (2) alleged violations identified during a joint inspection conducted at the Apex No. 2 Mine site September 25, 199U. Alleged violation 1: lhis involved "failure to designate and mark stream but er zone areas. The location cited was the "undisturbed areas permitted within 100 feet of Trout Creek and areas oetween permitted disturbance and Trout Creek." Colorado Regulations 4.02.5 and 4.05.18(2) were listed in support of the alleged violation. The Division acknowledges there is no stream buffer zone designated at Apex No. 2 nor are there buffer zone signs at the site. As is indicated in the Findings Document and in the Permit Application Package (partial copies attached), the operator requested a variance from the stream buffer zone requirements of Rule 4.05.18 which was granted by the Division after making the required findings in order to do so. This variance clearly was to extend to all permitted operations within l0U feet of Trout Creek. At the tune, no area adjacent to the stream was designated by the Division or required to be designated by the permittee as undisturbed, not to be disturbed or specifically to be excluded as a stream buffer zone. There are however portions of the permit area within 100 feet of Trout Creek that lie outside of the limits of disturbed area as illustrated on Plat? 1. Properly, these undisturbed areas should be identified, designated as a buffer zone, and marked. The operator will, therefore, be required to do so and to submit his proposal for approval in the form of a Minor Revision to the permit. Notice of this will be sent by October 24, 1990 and submittal of the revision required by November 30, 1990, Approval of the proposed revision, under state rules, should be made within 10 days following its receipt and prompt implementation of the plan, upon approval, will be required.